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Costs of successful motion to set aside default judgment fixed at $5,000 due to proportionality.
Following a successful motion to set aside a default judgment, the moving defendant sought costs on a substantial indemnity basis relying on an offer to settle.
The court rejected the claim for substantial indemnity costs, finding the offer did not represent a compromise position.
Applying the principle of proportionality and noting the moving defendant's materials were of little use to the court, the court fixed costs at $5,000, the amount proposed by the plaintiffs.
